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(영문) 서울북부지방법원 2018.11.09 2018고단2652
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 1, 1995 to March 1, 1995, the Defendant was in office as C University Language Professors in Seoul, and was in charge of the study, as a person in charge of the research, took overall charge of the implementation of the task and the application and enforcement of the research expenses required therefor according to the research plan.

According to the Science Promotion Act, the Enforcement Decree of the same Act, the Regulations on the Handling of Research Support for Humans and Social Sciences, and the Guidelines for the Management of Research Expenses for Non-School Industry-Academic Cooperation, the C University Industry-Academic Cooperation Group shall receive research services from each contracting authority, such as the Government Department, and enter into related contracts, collect project funds, manage them by collecting business funds, and shall execute the project funds according to the request

In addition, according to the above provisions, the use of each item of the research fund is strictly specified, and it shall not be used for a specified purpose. Furthermore, the personnel expenses for students paid to a student research institute by a student research institute shall be directly paid from the C University Industry-Academic Cooperation Group, which is the research fund management department, at the request of the person in charge of research, and it shall be strictly prohibited that the person in charge of research, etc. manages the account of the student research institute, passbooks, etc. in a lump sum

Nevertheless, the Defendant did not intend to pay the full amount of the student personnel expenses to the student researchers who participate in the actual research task in the course of conducting various research tasks, and claimed as if the personnel expenses were paid to the ordinary participating researchers, and tried to obtain money from the student researchers by means of joint management by paying only part of the personnel expenses to the student researchers who are paid to the student researchers.

On February 24, 2011, the Defendant, at the Defendant’s laboratory located in the above C University, accounts in the name of the student researcher D.

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